This article discusses the DOL’s November 2023 proposed fiduciary rule amendments, including proposed amendments to Prohibited Transaction Exemption (PTE) 2020-02, and their impact on SEC-registered investment advisers.
The Department of Labor (DOL) has issued a proposal to update the definition of an investment advice fiduciary under the Employee Retirement Income Security Act (ERISA). The updated definition of an investment advice fiduciary would apply when a financial service provider gives investment advice for a fee to retirement plan participants, IRA owners and others.
House and Senate GOP members will reintroduce Congressional Review Act measures to nullify the Department of Labor’s recent rule permitting retirement plan fiduciaries to consider climate change and other ESG factors.
Federal agencies issue Fall Reg Flex agendas, reflecting continuation of ambitious agendas; Custody Rule and anti-money laundering for advisers still planned.
The DOL’s proposed new QPAM Exemption requirements would significantly narrow the availability of the exemption and make it more difficult for advisers to use. While we support efforts to protect the interests of plans and plan participants and beneficiaries, we are concerned that the QPAM Exemption proposal’s potential impacts will have negative consequences.
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